Paul B. and Jane C. Ding - Page 9

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          27, 33 (1983), affd. without published opinion 747 F.2d 1463 (5th           
          Cir. 1984).                                                                 
               In a situation such as theirs, where a shareholder actively            
          participates in the trade or business of an S corporation,                  
          petitioners contend that the distinction between the business of            
          the S corporation and its shareholder is an "absolute fallacy".             
          No doubt, due to the extent of their participation in the                   
          businesses of the S corporations, petitioners sincerely                     
          considered the businesses of the S corporations to be one and the           
          same as petitioner's.  They argue that the use of the word "by"             
          as opposed to "as" in the first sentence of section 1402(a)                 
          suggests that if an individual actively participates in the                 
          conduct of a business and derives income therefrom, the form of             
          the business is "irrelevant" in determining whether such income             
          constitutes net earnings from self-employment.  Petitioners                 
          suggest that for purposes of sections 1401 and 1402 a shareholder           
          who is a passive investor in an S corporation should be treated             
          like a limited partner whose distributive share of partnership              
          income and losses are not considered net earnings from self-                
          employment.  Conversely, they argue that a shareholder who                  
          actively participates in the conduct of an S corporation's                  
          business should be treated like a sole proprietor or a general              
          partner whose distributive share of the partnership income and              
          losses is considered net earnings from self-employment.                     





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